Traditional Culture Encyclopedia - Travel guide - What are the overbearing clauses in a travel contract?
What are the overbearing clauses in a travel contract?
Legal analysis: The overbearing clauses in the travel contract include: expenses caused by force majeure factors shall be borne by the guest himself, Party A will not bear any expenses other than the compensation amount of the insurance company, and expenses caused by reasons other than the travel agency itself The travel agency is exempted from liability for quality problems, and the travel agency does not bear any liability for breach of contract if it cancels the group plan.
Legal basis: "The People's Republic of China and the Civil Code"
Article 496: Standard clauses are drawn up in advance by the parties for repeated use and are included in the contract when the contract is concluded. Terms not negotiated with the other party. If a contract is concluded using standard clauses, the party providing the standard clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness, and use reasonable methods to remind the other party to pay attention to clauses that have a significant interest in the other party such as exempting or reducing its liability, and shall, in accordance with the other party's requirements, explain the provision. If the party providing the standard terms fails to perform its obligation to provide reminders or explanations, causing the other party to fail to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms do not become part of the contract.
Article 497 If any of the following circumstances occurs, the standard clause shall be invalid: (1) Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law The invalidity of the provisions; (2) The party providing the standard terms unreasonably exempts or reduces its responsibilities, increases the liability of the other party, and restricts the other party's main rights; (3) The party providing the standard terms excludes the other party's main rights.
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